Kurzban Kurzban Tetzeli & Pratt | Attorneys At Law

Appealing a medical malpractice court decision

On Behalf of | Sep 17, 2022 | Medical Malpractice |

When healthcare establishments or professionals make errors that result in harm, the courts should hold them accountable.

If you have experienced the consequences of negligence in healthcare, you can pursue a medical malpractice lawsuit to seek justice. Additionally, if your case does not result in a fair outcome, you can choose to appeal the decision.

Outcomes in medical malpractice

To demonstrate the occurrence of medical malpractice, you and your legal team must show that your healthcare provider’s negligent conduct led to harm, including physical and mental anguish. These cases often require testimony from experts. Common types of negligence include lack of informed consent, inadequate treatment and misdiagnosis.

After both parties make their arguments, the judge issues a ruling. If you win as a plaintiff, you receive compensatory damages to cover the losses you experienced. Furthermore, a judge can order your medical provider to pay punitive damages if their conduct was willfully harmful. However, if you disagree with the outcome, the appeal process gives you another chance to fight your case.

Appealing court decisions

The appeal process involves a higher court revisiting how the previous trial applied the law. Appeals use facts from the initial trial rather than presenting new evidence or witness testimony. In addition, medical malpractice appeals do not have a jury. Instead, both sides of the case write and file appellate briefs arguing their positions.

The judge issues a decision based on these arguments and the record from your trial. If you lose your appeal, you can try bringing your case before the Florida Supreme Court. Higher courts typically hear cases that involve unsettled legal issues.

If you received an unsatisfactory judgment in a medical malpractice case, you should consider your options, including appealing the case in a higher court.



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